83_FR_19778 83 FR 19691 - Polyethylene Terephthalate Resin From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

83 FR 19691 - Polyethylene Terephthalate Resin From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 87 (May 4, 2018)

Page Range19691-19693
FR Document2018-09510

The Department of Commerce (Commerce) preliminarily determines that polyethylene terephthalate resin (PET resin) from Indonesia is being, or is likely to be, sold in the United States at less than fair value. The period of investigation is July 1, 2016, through June 30, 2017.

Federal Register, Volume 83 Issue 87 (Friday, May 4, 2018)
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Notices]
[Pages 19691-19693]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09510]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-560-832]


Polyethylene Terephthalate Resin From Indonesia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that polyethylene terephthalate resin (PET resin) from Indonesia is 
being, or is likely to be, sold in the United States at less than fair 
value. The period of investigation is July 1, 2016, through June 30, 
2017.

DATES: Applicable May 4, 2018.

FOR FURTHER INFORMATION CONTACT: Caitlin Monks, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2670.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on October 23, 
2017.\1\ On January 23, 2018, Commerce exercised its discretion to toll 
all deadlines affected by the closure of the Federal Government from 
January 20, 2018, through January 22, 2018.\2\ On February 22, 2018, 
Commerce postponed the preliminary determination of this 
investigation.\3\ As a result, the revised deadline for the preliminary 
determination of this investigation is now April 27, 2018.
---------------------------------------------------------------------------

    \1\ See Polyethylene Terephthalate Resin from Brazil, Indonesia, 
the Republic of Korea, Pakistan, and Taiwan: Initiation of Less-
Than-Fair-Value Investigations, 82 FR 48977 (October 23, 2017) 
(Initiation Notice).
    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018.
    \3\ See Polyethylene Terephthalate from Brazil, Indonesia, the 
Republic of Korea, Pakistan, and Taiwan: Postponement of Preliminary 
Determinations of Antidumping Duty Investigations, 83 FR 7655 
(February 22, 2018).
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of 
Polyethylene Terephthalate Resin from Indonesia'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Investigation

    The merchandise covered by this investigation is PET resin from 
Indonesia. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product

[[Page 19692]]

coverage (i.e., scope).\6\ For a summary of the product coverage 
comments and rebuttal responses submitted to the record for this 
preliminary determination, and accompanying discussion and analysis of 
all comments timely received, see the Preliminary Decision Memorandum. 
After evaluating the comments, Commerce is preliminarily modifying the 
scope language as it appeared in the Initiation Notice to exclude PET-
glycol resin. See the revised scope in Appendix I to this notice.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value (NV) is calculated in accordance with section 773 of the 
Act. In addition, Commerce has preliminarily relied upon partial 
adverse facts available, in accordance with sections 776(a)(1) and 
776(b) of the Act, for the Indorama Producers.\7\ For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.
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    \7\ Commerce preliminarily determines, pursuant to section 
771(33)(A) and 771(33)(F) of the Act, that mandatory respondent PT. 
Indo-Rama Synthetics Tbk. (Indorama Synthetics) is affiliated with 
mandatory respondent Indorama Polymers Public Co., Ltd. (Indorama 
Polymers), PT. Indorama Polypet Indonesia (Polypet), and Indorama 
Ventures Indonesia (Ventures Indonesia). Additionally, Commerce 
determined that Indorama Synthetics, Polypet, and Ventures Indonesia 
should be treated as a single entity (the Indorama Producers) 
pursuant to 19 CFR 351.401(f). See Preliminary Decision Memorandum 
at ``Affiliation and Collapsing.''
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All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act. Commerce calculated an individual estimated 
weighted-average dumping margin for the Indorama Producers, the only 
individually examined exporter/producer in this investigation. Because 
the only individually calculated dumping margin is not zero, de 
minimis, or based entirely on facts otherwise available, the estimated 
weighted-average dumping margin calculated for the Indorama Producers 
is the margin assigned to all-other producers and exporters, pursuant 
to section 735(c)(5)(A) of the Act.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
PT. Indo-Rama Synthetics Tbk./PT. Indorama Polypet Indonesia/      13.16
 Indorama Ventures Indonesia................................
All-Others..................................................       13.16
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in Appendix I, entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. On April 20, 2018, 
Commerce preliminarily determined that critical circumstances exist for 
imports of PET resin from Indonesia produced or exported by Indorama 
Polymers and all other producers/exporters.\8\ Accordingly, for 
Indorama Polymers and all other producers/exporters, in accordance with 
section 733(e)(2)(A) of the Act, the suspension of liquidation shall 
apply to unliquidated entries of merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date which is 90 days before 
the publication of this notice.
---------------------------------------------------------------------------

    \8\ See Antidumping Duty Investigations on Polyethylene 
Terephthalate Resin from Indonesia, the Republic of Korea, and 
Taiwan; Preliminary Determinations of Critical Circumstances, 83 FR 
17791 (April 24, 2018).
---------------------------------------------------------------------------

    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondent 
listed above will be equal to the company-specific estimated weighted-
average dumping margins determined in this preliminary determination; 
(2) if the exporter is not a respondent identified above, but the 
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for that 
producer of the subject merchandise; and (3) the cash deposit rate for 
all other producers and exporters will be equal to the all-others 
estimated weighted-average dumping margin.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests

[[Page 19693]]

should contain the party's name, address, and telephone number, the 
number of participants, whether any participant is a foreign national, 
and a list of the issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On April 6, 2018, pursuant to 19 CFR 351.210(e), the Indorama 
Producers requested that Commerce postpone the final determination and 
that provisional measures be extended to a period not to exceed six 
months.\10\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination.
---------------------------------------------------------------------------

    \10\ See Letter from Indorama, ``Polyethylene Terephthalate 
Resin from Indonesia: Request for Postponement of Final 
Determination,'' dated April 6, 2018.
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: April 27, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is polyethylene 
terephthalate (PET) resin having an intrinsic viscosity of at least 
70, but not more than 88, milliliters per gram (0.70 to 0.88 
deciliters per gram). The scope includes blends of virgin PET resin 
and recycled PET resin containing 50 percent or more virgin PET 
resin content by weight, provided such blends meet the intrinsic 
viscosity requirements above. The scope includes all PET resin 
meeting the above specifications regardless of additives introduced 
in the manufacturing process.
    The scope excludes PET-glycol resin, also referred to as PETG. 
PET-glycol resins are manufactured by replacing a portion of the raw 
material input monoethylene glycol (MEG) with one of five glycol 
modifiers: Cyclohexanedimethanol (CHDM), diethylene glycol (DEG), 
neopentyl glycol (NPG), isosorbide, or spiro glycol. Specifically, 
excluded PET-glycol resins must contain a minimum of 10 percent, by 
weight, of CHDM, DEG, NPG, isosorbide or spiro glycol, or some 
combination of these glycol modifiers. Unlike subject PET resin, 
PET-glycol resins are amorphous resins that are not solid-stated and 
cannot be crystallized or recycled.
    The merchandise subject to this investigation is properly 
classified under subheadings 3907.61.0000 and 3907.69.0000 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise covered by this 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures
V. Scope Comments
VI. Affiliation and Collapsing
VII. Application of Facts Available and Use of Adverse Inferences
VIII. Discussion of the Methodology
    A. Comparisons to Fair Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export Price
XII. Normal Value
    A. Home Market Viability
    B. Affiliated-Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Calculation of NV Based on Comparison Market Prices
    E. Calculation of NV Based on Constructed Value (CV)
    F. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
XIII. Currency Conversion
XIV. Verification
XV. Conclusion

[FR Doc. 2018-09510 Filed 5-3-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices                                                    19691

                                             International Trade Commission                          II. Background                                        of the Tariff Act of 1930, as amended
                                             Notification                                            III. Period of Investigation                          (the Act). Commerce published the
                                                                                                     IV. Postponement of Final Determination and           notice of initiation of this investigation
                                                In accordance with section 733(f) of                       Extension of Provisional Measures
                                             the Act, Commerce will notify the                                                                             on October 23, 2017.1 On January 23,
                                                                                                     V. Scope Comments
                                             International Trade Commission (ITC) of                 VI. Affiliation and Collapsing
                                                                                                                                                           2018, Commerce exercised its discretion
                                             its preliminary determination. If the                   VII. Discussion of the Methodology                    to toll all deadlines affected by the
                                             final determination is affirmative, the                    A. Comparisons to Fair Value                       closure of the Federal Government from
                                             ITC will determine before the later of                     1. Determination of Comparison Method              January 20, 2018, through January 22,
                                             120 days after the date of this                            2. Results of the Differential Pricing             2018.2 On February 22, 2018, Commerce
                                             preliminary determination or 45 days                          Analysis                                        postponed the preliminary
                                                                                                     VIII. Date of Sale                                    determination of this investigation.3 As
                                             after the final determination whether                   IX. Product Comparisons
                                             these imports are materially injuring, or                                                                     a result, the revised deadline for the
                                                                                                     X. Export Price and Constructed Export Price          preliminary determination of this
                                             threaten material injury to, the U.S.                   XI. Duty Drawback
                                             industry.                                                                                                     investigation is now April 27, 2018.
                                                                                                     XII. Normal Value                                        For a complete description of the
                                                                                                        A. Home Market Viability and Comparison
                                             Notification to Interested Parties                            Market
                                                                                                                                                           events that followed the initiation of
                                               This determination is issued and                         B. Affiliated-Party Transactions and Arm’s-        this investigation, see the Preliminary
                                             published in accordance with sections                         Length Test                                     Decision Memorandum.4 A list of topics
                                             733(f) and 777(i)(1) of the Act and 19                     C. Level of Trade                                  included in the Preliminary Decision
                                             CFR 351.205(c).                                            D. Cost of Production (COP) Analysis               Memorandum is included as Appendix
                                                                                                        1. Calculation of COP                              II to this notice. The Preliminary
                                               Dated: April 27, 2018.                                   2. Test of Comparison Market Sales Prices          Decision Memorandum is a public
                                             James Maeder,                                              3. Results of the COP Test                         document and is on file electronically
                                             Associate Deputy Assistant Secretary for                   E. Calculation of NV Based on Comparison           via Enforcement and Compliance’s
                                             Antidumping and Countervailing Duty                           Market Prices                                   Antidumping and Countervailing Duty
                                             Operations performing the duties of Deputy              XIII. Currency Conversion
                                                                                                     XIV. Verification
                                                                                                                                                           Centralized Electronic Service System
                                             Assistant Secretary for Antidumping and
                                                                                                     XV. Conclusion                                        (ACCESS). ACCESS is available to
                                             Countervailing Duty Operations.
                                                                                                                                                           registered users at https://
                                                                                                     [FR Doc. 2018–09511 Filed 5–3–18; 8:45 am]
                                             Appendix I                                                                                                    access.trade.gov, and to all parties in the
                                                                                                     BILLING CODE 3510–DS–P
                                             Scope of the Investigation                                                                                    Central Records Unit, Room B8024 of
                                                                                                                                                           the main Department of Commerce
                                               The merchandise covered by this
                                                                                                                                                           building. In addition, a complete
                                             investigation is polyethylene terephthalate             DEPARTMENT OF COMMERCE
                                             (PET) resin having an intrinsic viscosity of at                                                               version of the Preliminary Decision
                                             least 70, but not more than 88, milliliters per         International Trade Administration                    Memorandum can be accessed directly
                                             gram (0.70 to 0.88 deciliters per gram). The                                                                  at http://enforcement.trade.gov/frn/.
                                             scope includes blends of virgin PET resin               [A–560–832]                                           The signed and the electronic versions
                                             and recycled PET resin containing 50 percent                                                                  of the Preliminary Decision
                                             or more virgin PET resin content by weight,             Polyethylene Terephthalate Resin                      Memorandum are identical in content.
                                             provided such blends meet the intrinsic                 From Indonesia: Preliminary
                                             viscosity requirements above. The scope                 Affirmative Determination of Sales at                 Scope of the Investigation
                                             includes all PET resin meeting the above                Less Than Fair Value, Postponement                      The merchandise covered by this
                                             specifications regardless of additives                  of Final Determination, and Extension                 investigation is PET resin from
                                             introduced in the manufacturing process.                of Provisional Measures
                                               The scope excludes PET-glycol resin, also
                                                                                                                                                           Indonesia. For a complete description of
                                             referred to as PETG. PET-glycol resins are              AGENCY:   Enforcement and Compliance,                 the scope of this investigation, see
                                             manufactured by replacing a portion of the              International Trade Administration,                   Appendix I.
                                             raw material input monoethylene glycol                  Department of Commerce.                               Scope Comments
                                             (MEG) with one of five glycol modifiers:
                                                                                                     SUMMARY: The Department of Commerce
                                             Cyclohexanedimethanol (CHDM), diethylene                                                                        In accordance with the preamble to
                                             glycol (DEG), neopentyl glycol (NPG),                   (Commerce) preliminarily determines                   Commerce’s regulations,5 the Initiation
                                             isosorbide, or spiro glycol. Specifically,              that polyethylene terephthalate resin                 Notice set aside a period of time for
                                             excluded PET-glycol resins must contain a               (PET resin) from Indonesia is being, or               parties to raise issues regarding product
                                             minimum of 10 percent, by weight, of CHDM,              is likely to be, sold in the United States
                                             DEG, NPG, isosorbide or spiro glycol, or                at less than fair value. The period of                   1 See Polyethylene Terephthalate Resin from
                                             some combination of these glycol modifiers.             investigation is July 1, 2016, through                Brazil, Indonesia, the Republic of Korea, Pakistan,
                                             Unlike subject PET resin, PET-glycol resins             June 30, 2017.                                        and Taiwan: Initiation of Less-Than-Fair-Value
                                             are amorphous resins that are not solid-stated                                                                Investigations, 82 FR 48977 (October 23, 2017)
                                             and cannot be crystallized or recycled.                 DATES: Applicable May 4, 2018.                        (Initiation Notice).
                                               The merchandise subject to this                       FOR FURTHER INFORMATION CONTACT:                         2 See Memorandum, ‘‘Deadlines Affected by the

                                             investigation is properly classified under              Caitlin Monks, AD/CVD Operations,                     Shutdown of the Federal Government,’’ dated
                                             subheadings 3907.61.0000 and 3907.69.0000                                                                     January 23, 2018.
                                                                                                     Office VII, Enforcement and                              3 See Polyethylene Terephthalate from Brazil,
                                             of the Harmonized Tariff Schedule of the                Compliance, International Trade                       Indonesia, the Republic of Korea, Pakistan, and
                                             United States (HTSUS). Although the HTSUS
                                             subheadings are provided for convenience
                                                                                                     Administration, U.S. Department of                    Taiwan: Postponement of Preliminary
                                                                                                     Commerce, 1401 Constitution Avenue                    Determinations of Antidumping Duty
                                             and customs purposes, the written                                                                             Investigations, 83 FR 7655 (February 22, 2018).
amozie on DSK3GDR082PROD with NOTICES




                                             description of the merchandise covered by               NW, Washington, DC 20230; telephone:                     4 See Memorandum, ‘‘Decision Memorandum for
                                             this investigation is dispositive.                      (202) 482–2670.                                       the Preliminary Determination in the Less-Than-
                                                                                                     SUPPLEMENTARY INFORMATION:                            Fair-Value Investigation of Polyethylene
                                             Appendix II                                                                                                   Terephthalate Resin from Indonesia’’ dated
                                             List of Topics Discussed in the Preliminary             Background                                            concurrently with, and hereby adopted by, this
                                                                                                                                                           notice (Preliminary Decision Memorandum).
                                             Decision Memorandum                                      This preliminary determination is                       5 See Antidumping Duties; Countervailing Duties,

                                             I. Summary                                              made in accordance with section 733(b)                Final Rule, 62 FR 27296, 27323 (May 19, 1997).



                                        VerDate Sep<11>2014   18:16 May 03, 2018   Jkt 244001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\04MYN1.SGM   04MYN1


                                             19692                              Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices

                                             coverage (i.e., scope).6 For a summary of               dumping margin is not zero, de                                     Further, pursuant to section
                                             the product coverage comments and                       minimis, or based entirely on facts                             733(d)(1)(B) of the Act and 19 CFR
                                             rebuttal responses submitted to the                     otherwise available, the estimated                              351.205(d), Commerce will instruct CBP
                                             record for this preliminary                             weighted-average dumping margin                                 to require a cash deposit equal to the
                                             determination, and accompanying                         calculated for the Indorama Producers is                        estimated weighted-average dumping
                                             discussion and analysis of all comments                 the margin assigned to all-other                                margin or the estimated all-others rate,
                                             timely received, see the Preliminary                    producers and exporters, pursuant to                            as follows: (1) The cash deposit rate for
                                             Decision Memorandum. After                              section 735(c)(5)(A) of the Act.                                the respondent listed above will be
                                             evaluating the comments, Commerce is                                                                                    equal to the company-specific estimated
                                             preliminarily modifying the scope                       Preliminary Determination
                                                                                                                                                                     weighted-average dumping margins
                                             language as it appeared in the Initiation                 Commerce preliminarily determines                             determined in this preliminary
                                             Notice to exclude PET-glycol resin. See                 that the following estimated weighted-                          determination; (2) if the exporter is not
                                             the revised scope in Appendix I to this                 average dumping margins exist:                                  a respondent identified above, but the
                                             notice.                                                                                                                 producer is, then the cash deposit rate
                                                                                                                                                        Estimated    will be equal to the company-specific
                                             Methodology                                                                                                weighted-    estimated weighted-average dumping
                                               Commerce is conducting this                                                                               average
                                                                                                                Exporter/producer                                    margin established for that producer of
                                             investigation in accordance with section                                                                   dumping
                                                                                                                                                          margin     the subject merchandise; and (3) the
                                             731 of the Act. Commerce has                                                                               (percent)    cash deposit rate for all other producers
                                             calculated export prices in accordance                                                                                  and exporters will be equal to the all-
                                             with section 772(a) of the Act.                         PT. Indo-Rama Synthetics Tbk./                                  others estimated weighted-average
                                             Constructed export prices have been                       PT. Indorama Polypet Indo-
                                                                                                       nesia/Indorama Ventures Indo-
                                                                                                                                                                     dumping margin.
                                             calculated in accordance with section
                                             772(b) of the Act. Normal value (NV) is                   nesia ........................................        13.16   Disclosure
                                             calculated in accordance with section                   All-Others ....................................         13.16
                                                                                                                                                                       Commerce intends to disclose its
                                             773 of the Act. In addition, Commerce                                                                                   calculations and analysis performed to
                                             has preliminarily relied upon partial                   Suspension of Liquidation
                                                                                                                                                                     interested parties in this preliminary
                                             adverse facts available, in accordance                     In accordance with section 733(d)(2)                         determination within five days of any
                                             with sections 776(a)(1) and 776(b) of the               of the Act, Commerce will direct U.S.                           public announcement or, if there is no
                                             Act, for the Indorama Producers.7 For a                 Customs and Border Protection (CBP) to                          public announcement, within five days
                                             full description of the methodology                     suspend liquidation of entries of subject                       of the date of publication of this notice
                                             underlying the preliminary                              merchandise, as described in Appendix                           in accordance with 19 CFR 351.224(b).
                                             determination, see the Preliminary                      I, entered, or withdrawn from
                                             Decision Memorandum.                                    warehouse, for consumption on or after                          Verification
                                             All-Others Rate                                         the date of publication of this notice in                          As provided in section 782(i)(1) of the
                                                                                                     the Federal Register.                                           Act, Commerce intends to verify the
                                               Sections 733(d)(1)(ii) and 735(c)(5)(A)                                                                               information relied upon in making its
                                             of the Act provide that in the                             Section 733(e)(2) of the Act provides
                                                                                                     that, given an affirmative determination                        final determination.
                                             preliminary determination Commerce
                                             shall determine an estimated all-others                 of critical circumstances, any                                  Public Comment
                                             rate for all exporters and producers not                suspension of liquidation shall apply to
                                                                                                     unliquidated entries of merchandise                                Case briefs or other written comments
                                             individually examined. This rate shall                                                                                  may be submitted to the Assistant
                                             be an amount equal to the weighted                      entered, or withdrawn from warehouse,
                                                                                                     for consumption on or after the later of                        Secretary for Enforcement and
                                             average of the estimated weighted-                                                                                      Compliance no later than seven days
                                             average dumping margins established                     (a) the date which is 90 days before the
                                                                                                     date on which the suspension of                                 after the date on which the last
                                             for exporters and producers                                                                                             verification report is issued in this
                                             individually investigated, excluding any                liquidation was first ordered, or (b) the
                                                                                                     date on which notice of initiation of the                       investigation. Rebuttal briefs, limited to
                                             zero and de minimis margins, and any                                                                                    issues raised in case briefs, may be
                                             margins determined entirely under                       investigation was published. On April
                                                                                                     20, 2018, Commerce preliminarily                                submitted no later than five days after
                                             section 776 of the Act. Commerce                                                                                        the deadline date for case briefs.9
                                             calculated an individual estimated                      determined that critical circumstances
                                                                                                     exist for imports of PET resin from                             Pursuant to 19 CFR 351.309(c)(2) and
                                             weighted-average dumping margin for                                                                                     (d)(2), parties who submit case briefs or
                                             the Indorama Producers, the only                        Indonesia produced or exported by
                                                                                                     Indorama Polymers and all other                                 rebuttal briefs in this investigation are
                                             individually examined exporter/                                                                                         encouraged to submit with each
                                             producer in this investigation. Because                 producers/exporters.8 Accordingly, for
                                                                                                     Indorama Polymers and all other                                 argument: (1) A statement of the issue;
                                             the only individually calculated                                                                                        (2) a brief summary of the argument;
                                                                                                     producers/exporters, in accordance with
                                               6 See                                                 section 733(e)(2)(A) of the Act, the                            and (3) a table of authorities.
                                                     Initiation Notice.
                                               7 Commerce                                            suspension of liquidation shall apply to                           Pursuant to 19 CFR 351.310(c),
                                                             preliminarily determines, pursuant
                                             to section 771(33)(A) and 771(33)(F) of the Act, that   unliquidated entries of merchandise                             interested parties who wish to request a
                                             mandatory respondent PT. Indo-Rama Synthetics
                                                                                                     entered, or withdrawn from warehouse,                           hearing, limited to issues raised in the
                                             Tbk. (Indorama Synthetics) is affiliated with                                                                           case and rebuttal briefs, must submit a
                                             mandatory respondent Indorama Polymers Public           for consumption on or after the date
                                                                                                                                                                     written request to the Assistant
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                                             Co., Ltd. (Indorama Polymers), PT. Indorama             which is 90 days before the publication
                                             Polypet Indonesia (Polypet), and Indorama               of this notice.                                                 Secretary for Enforcement and
                                             Ventures Indonesia (Ventures Indonesia).                                                                                Compliance, U.S. Department of
                                             Additionally, Commerce determined that Indorama                                                                         Commerce, within 30 days after the date
                                             Synthetics, Polypet, and Ventures Indonesia should        8 See Antidumping Duty Investigations on

                                             be treated as a single entity (the Indorama             Polyethylene Terephthalate Resin from Indonesia,                of publication of this notice. Requests
                                             Producers) pursuant to 19 CFR 351.401(f). See           the Republic of Korea, and Taiwan; Preliminary
                                             Preliminary Decision Memorandum at ‘‘Affiliation        Determinations of Critical Circumstances, 83 FR                    9 See 19 CFR 351.309; see also 19 CFR 351.303

                                             and Collapsing.’’                                       17791 (April 24, 2018).                                         (for general filing requirements).



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                                                                               Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Notices                                                  19693

                                             should contain the party’s name,                        International Trade Commission (ITC) of               VI. Affiliation and Collapsing
                                             address, and telephone number, the                      its preliminary determination. If the                 VII. Application of Facts Available and Use
                                             number of participants, whether any                     final determination is affirmative, the                    of Adverse Inferences
                                                                                                                                                           VIII. Discussion of the Methodology
                                             participant is a foreign national, and a                ITC will determine before the later of
                                                                                                                                                             A. Comparisons to Fair Value
                                             list of the issues to be discussed. If a                120 days after the date of this                         1. Determination of Comparison Method
                                             request for a hearing is made, Commerce                 preliminary determination or 45 days                    2. Results of the Differential Pricing
                                             intends to hold the hearing at the U.S.                 after the final determination whether                      Analysis
                                             Department of Commerce, 1401                            these imports are materially injuring, or             IX. Date of Sale
                                             Constitution Avenue NW, Washington,                     threaten material injury to, the U.S.                 X. Product Comparisons
                                             DC 20230, at a time and date to be                      industry.                                             XI. Export Price and Constructed Export
                                             determined. Parties should confirm by                                                                              Price
                                             telephone the date, time, and location of               Notification to Interested Parties                    XII. Normal Value
                                                                                                       This determination is issued and                      A. Home Market Viability
                                             the hearing two days before the
                                                                                                                                                             B. Affiliated-Party Transactions and Arm’s-
                                             scheduled date.                                         published in accordance with sections                      Length Test
                                                                                                     733(f) and 777(i)(1) of the Act and 19                  C. Level of Trade
                                             Postponement of Final Determination                     CFR 351.205(c).
                                             and Extension of Provisional Measures                                                                           D. Calculation of NV Based on Comparison
                                                                                                       Dated: April 27, 2018.                                   Market Prices
                                                Section 735(a)(2) of the Act provides                                                                        E. Calculation of NV Based on Constructed
                                                                                                     James Maeder,
                                             that a final determination may be                                                                                  Value (CV)
                                                                                                     Associate Deputy Assistant Secretary for
                                             postponed until not later than 135 days                                                                         F. Cost of Production (COP) Analysis
                                                                                                     Antidumping and Countervailing Duty                     1. Calculation of COP
                                             after the date of the publication of the                Operations performing the duties of Deputy
                                             preliminary determination if, in the                                                                            2. Test of Comparison Market Sales Prices
                                                                                                     Assistant Secretary for Antidumping and                 3. Results of the COP Test
                                             event of an affirmative preliminary                     Countervailing Duty Operations.
                                             determination, a request for such                                                                             XIII. Currency Conversion
                                                                                                     Appendix I                                            XIV. Verification
                                             postponement is made by exporters who                                                                         XV. Conclusion
                                             account for a significant proportion of                 Scope of the Investigation
                                                                                                                                                           [FR Doc. 2018–09510 Filed 5–3–18; 8:45 am]
                                             exports of the subject merchandise, or in                 The merchandise covered by this
                                             the event of a negative preliminary                                                                           BILLING CODE 3510–DS–P
                                                                                                     investigation is polyethylene terephthalate
                                             determination, a request for such                       (PET) resin having an intrinsic viscosity of at
                                             postponement is made by the petitioner.                 least 70, but not more than 88, milliliters per
                                             Section 351.210(e)(2) of Commerce’s                     gram (0.70 to 0.88 deciliters per gram). The          DEPARTMENT OF COMMERCE
                                             regulations requires that a request by                  scope includes blends of virgin PET resin
                                                                                                     and recycled PET resin containing 50 percent          International Trade Administration
                                             exporters for postponement of the final
                                                                                                     or more virgin PET resin content by weight,
                                             determination be accompanied by a                       provided such blends meet the intrinsic               Proposed Information Collection;
                                             request for extension of provisional                    viscosity requirements above. The scope               Comment Request; Surveys for User
                                             measures from a four-month period to a                  includes all PET resin meeting the above              Satisfaction, Impact and Needs;
                                             period not more than six months in                      specifications regardless of additives                Correction
                                             duration.                                               introduced in the manufacturing process.
                                                On April 6, 2018, pursuant to 19 CFR                   The scope excludes PET-glycol resin, also           AGENCY: International Trade
                                             351.210(e), the Indorama Producers                      referred to as PETG. PET-glycol resins are            Administration, Commerce.
                                             requested that Commerce postpone the                    manufactured by replacing a portion of the            ACTION: Notice; correction.
                                             final determination and that provisional                raw material input monoethylene glycol
                                                                                                     (MEG) with one of five glycol modifiers:              SUMMARY:    The International Trade
                                             measures be extended to a period not to                 Cyclohexanedimethanol (CHDM), diethylene
                                             exceed six months.10 In accordance with                                                                       Administration (ITA) published a
                                                                                                     glycol (DEG), neopentyl glycol (NPG),                 document in the Federal Register on
                                             section 735(a)(2)(A) of the Act and 19                  isosorbide, or spiro glycol. Specifically,
                                             CFR 351.210(b)(2)(ii), because: (1) The                 excluded PET-glycol resins must contain a             May 1, 2018, concerning a request to
                                             preliminary determination is                            minimum of 10 percent, by weight, of CHDM,            solicit clients’ opinions about the use of
                                             affirmative; (2) the requesting exporter                DEG, NPG, isosorbide or spiro glycol, or              ITA products, services, and trade
                                             accounts for a significant proportion of                some combination of these glycol modifiers.           events, to promote optimal use and
                                             exports of the subject merchandise; and                 Unlike subject PET resin, PET-glycol resins           provide focused and effective
                                             (3) no compelling reasons for denial                    are amorphous resins that are not solid-stated        improvements to ITA programs. The
                                                                                                     and cannot be crystallized or recycled.               document was a duplicate submission
                                             exist, Commerce is postponing the final                   The merchandise subject to this
                                             determination and extending the                                                                               of an identical notice published in the
                                                                                                     investigation is properly classified under
                                             provisional measures from a four-month                  subheadings 3907.61.0000 and 3907.69.0000             Federal Register on February 28, 2018
                                             period to a period not greater than six                 of the Harmonized Tariff Schedule of the              (83 FR 8651). This notice corrects the
                                             months. Accordingly, Commerce will                      United States (HTSUS). Although the HTSUS             duplicate submission by withdrawing
                                             make its final determination no later                   subheadings are provided for convenience              the notice published on May 1, 2018.
                                             than 135 days after the date of                         and customs purposes, the written                     DATES: Document 2018–09119, that
                                             publication of this preliminary                         description of the merchandise covered by             published May 1, 2018 at 83 FR 19047,
                                             determination.                                          this investigation is dispositive.                    is withdrawn as of May 1, 2018.
                                             International Trade Commission                          Appendix II                                           ADDRESSES: We will continue to accept
                                             Notification                                            List of Topics Discussed in the Preliminary           public comments for the original
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                                                                                                     Decision Memorandum                                   Federal Register published on February
                                               In accordance with section 733(f) of                                                                        28, 2018 (83 FR 8651) that are submitted
                                             the Act, Commerce will notify the                       I. Summary
                                                                                                     II. Background                                        on or before April 30, 2018 by the
                                                10 See Letter from Indorama, ‘‘Polyethylene          III. Period of Investigation                          following method:
                                             Terephthalate Resin from Indonesia: Request for         IV. Postponement of Final Determination and              Direct all written comments to
                                             Postponement of Final Determination,’’ dated April            Extension of Provisional Measures               Jennifer Jessup, Departmental
                                             6, 2018.                                                V. Scope Comments                                     Paperwork Clearance Officer,


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Document Created: 2018-11-02 09:51:44
Document Modified: 2018-11-02 09:51:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable May 4, 2018.
ContactCaitlin Monks, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2670.
FR Citation83 FR 19691 

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